Rajasthan High Court - Jodhpur
Bhoori Bai vs Prakash Chandra (2024:Rj-Jd:37011) on 6 September, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:37011]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2426/2018
1. Smt. Bhoori Bai W/o Late Shri Pyar Chand Khateek, Aged
About 56 Years, R/o Maal Ki Toos, P.s. Kurabad, Distt.
Udaipur (Raj.)
2. Sandeep S/o Late Shri Pyar Chand Khateek, Aged About
32 Years, R/o Maal Ki Toos, P.s. Kurabad, Distt. Udaipur
(Raj.)
3. Puskhar S/o Late Shri Pyar Chand Khateek, Aged About
30 Years, R/o Maal Ki Toos, P.s. Kurabad, Distt. Udaipur
(Raj.)
4. Rajesh S/o Late Shri Pyar Chand Khateek, Aged About 27
Years, R/o Maal Ki Toos, P.s. Kurabad, Distt. Udaipur
(Raj.)
5. Mahendra S/o Late Shri Pyar Chand Khateek, Aged About
25 Years, R/o Maal Ki Toos, P.s. Kurabad, Distt. Udaipur
(Raj.)
----Appellants
Versus
1. Prakash Chandra S/o Shri Veni Ram Gadri, R/o Khamnor,
Tehsil Nathdwara, Distt. Rajsamand. (Driver)
2. Mangi Lal Banjara S/o Shri Gabba Ji Banjara, R/o Ward
No. 10, Banjara Basti Rajyawas, Rajsamand.
3. Iffco Tokyo General Insurance Company Ltd., Through
Branch Manager, Shastri Circle, Udaipur. (Owner)
----Respondents
For Appellant(s) : Mohd. Akbar
For Respondent(s) : Mr. Vishal Singhal
HON'BLE DR. JUSTICE NUPUR BHATI
Order
06/09/2024
1. The present appeal has been filed by the appellant/claimants
under Section 173 of the Motor Vehicles Act, 1988 seeking
[2024:RJ-JD:37011] (2 of 4) [CMA-2426/2018]
enhancement and modification in the award dated 19.09.2017
passed by learned Judge, Motor Accident Claims Tribunal No.-2,
Udaipur, in Claim Case No.167/2016 titled as Smt. Bhoori Bai &
Ors. Vs. Prakash Chandra & Ors., whereby the learned Tribunal
has awarded compensation in favour of claimants/appellants to
the tune of Rs.3,89,028/- along with interest @ 6% p.a. on
account of death of Pyar Chand i.e. claimant's husband.
2. Brief facts of the case are that on 31.01.2016 at about 1:30
PM, near Gogunda Power House, non-claimant driver driving the
vehicle Pickup bearing Registration No.RJ-30-GA-4650 in a rash
and negligent manner and hit the motor cycle resulting into death
of deceased Pyar Chand.
3. Thereafter, learned Tribunal issued notices to the non-
claimants. Respondents Nos.1 chose not to file reply to the same
whereas, the respondent Nos.2 and 3 filed reply and denied all the
averments. As per the pleadings, learned Tribunal framed the four
issues. Oral as well as documentary evidences were produced by the
claimants to prove their case. After hearing both the parties, learned
Tribunal awarded quantum of compensation in favour of the claimants
and thus, being dissatisfied of the award, the claimants have preferred
the misc. appeal.
4. Learned counsel for the appellants/claimants submits that
the learned Tribunal has erred in considering the deceased as
unskilled whereas the deceased was working as a worker at
grocery store and thus he ought not to have been considered as
unskilled labour. He also submits that interest also needs to be
levied on non-pecuniary heads as well viz. consortium, funeral
expenses and loss of estate. He, thus, urges that quantum of
[2024:RJ-JD:37011] (3 of 4) [CMA-2426/2018]
compensation awarded in favour of the appellants/claimants,
needs to be enhanced.
5. Per contra, learned counsel for the insurance company
vehemently opposes the submissions advanced by the appellants'
counsel.
6. I have heard and considered the submissions advanced at
bar and have gone through the impugned award and the original
record.
7. After hearing learned counsel for the parties, this Court is of
the firm opinion that the deceased was working as a worker at
grocery store and thus he ought to be considered as skilled worker
as per the minimum wages Notification dated 17.12.2015 for
which the wages prescribed at that time was Rs.5642. Thus, after
arriving at the conclusion that deceased are required to be
considered and treated as skilled labour. Both the counsel were
directed to jointly submit the calculation of the compensation
awardable to the claimants afresh in light of the guidelines laid
down by Hon'ble the Supreme Court in the cases of National
Insurance Company Limited vs. Pranay Sethi & Ors. reported
in (2017)16 SCC 680 and Sarla Verma Vs. Delhi Transport
Corporation reported in AIR 2009 SC 3104, The award is
modified in the following manner:
Yearly Salary of the deceased(skill labour) Rs.67,704/-
(Rs.5642*12) (A)
Deduction of personal expenses by Rs.22,568/-
1/3(67,704/3) (B)
Income now (A-B) 45,136/-
Applying the multiplier of 7 to the income, 3,15,952/-
(45,136*7) (D)
Loss of Consortium (Rs.48,000/- x 5) (E) Rs.2,40,000/-
Funeral Expenses (F) Rs.18,000/-
[2024:RJ-JD:37011] (4 of 4) [CMA-2426/2018]
Loss of Estate (G) Rs.18,000/-
TOTAL (D+E+F+G) Rs.5,91,952/-
(Less) Awarded by the Tribunal Rs.3,89,028/-
ENHANCED AMOUNT Rs.2,02,924/-
8. Accordingly, the appeal is allowed and the amount of
compensation payable to the claimants is further enhanced by
Rs.2,02,924 /- in the terms stated above. The enhanced amount
shall carry interest @ 6% per annum from the date of filing of
claim petition till the date of deposit. The enhanced amount shall
be deposited by the respondent Insurance Company with the
Tribunal within a period of 'two months' from today failing which,
the interest shall stand enhanced @ 7.5% per annum from the
date of this order till actual realization.
9. Resultantly, the judgment/award dated 19.09.2017 passed
by learned Judge, Motor Accident Claims Tribunal No.-2, Udaipur in
Civil Misc. Claim Case No.167/2016 titled as Smt. Bhoori Bai &
Ors. Vs. Prakash Chandra & Ors., is modified accordingly.
10. No order as to costs.
11. Record be returned to the Tribunal forthwith.
(DR. NUPUR BHATI),J
14-amit/-
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